FOR decades, local and international civil society groups have called on the Malaysian government to ratify and comply with international human rights treaties.

Malaysia is ranked at one of the lowest United Nations member states on this matter. Malaysia has only ratified three human rights treaties – Convention on the Rights of the Child (CRC), Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and Convention on the Rights of Persons with Disabilities (CRPD), as well as to two of the three optional protocols under the CRC.

Yet, the full compliance is still in question. Malaysia has been reviewed only once by the CRC committee despite its ratification in 1995. Malaysia only had its second review by the CEDAW committee in February this year and since the ratification of the CRPD in 2010, Malaysia has never submitted a report to the CRPD committee.

For CRC specifically, Malaysia’s ratification contained a number of conditions in the form of “reservations” to the provisions of the CRC, namely article 2 on non-discrimination, article 7 on name and nationality, article 14 on freedom of thought, conscience and religion, article 28 (1) (a) on free and compulsory education at primary level, and article 37 on torture and deprivation of liberty.

The news about the marriage of a 41-year old man to an 11-year old Thai girl triggered outcry. The man was fined only RM1,800 by the Gua Musang shariah court.

Malaysia has ratified the CRC and subsequently enacted its own Child Act 2001 to fulfil its obligations under the CRC, in which a child is defined as a person under the age of 18.

But certain provisions under existing laws still provide for marriages under 18. Furthermore, Malaysia also enacted the Sexual Offences against Children Act 2017 and established a Special Court for Sexual Crimes against Children in the same year.

Some might then wonder – do human rights treaties work? Why do child marriages still take place in this country? What has gone wrong?

The announcement of the newly appointed Foreign Minister Saifuddin Abdullah’s push for ratification of the six remaining international human rights treaties is commendable.

Intuitively, ratification of human rights treaties ought to protect human rights. Once a treaty is ratified, the state has immediate legal obligation, as it has become a subject matter at international law.

This means, the state has a binding international legal obligation to ensure that the treaty is implemented throughout the state at every level.

But ratification alone does not guarantee the protection of human rights. Ratification is only a first step towards improving the human rights situation, however, it is a crucial step that must be realised.

Ideally, Malaysia should adopt necessary and adequate legislative, policy and institutional measures to comply fully with the legal obligations it has assumed under these treaties.

Having said that, it is crucial that the Malaysian government fulfil the legal responsibility to implement and enforce international human rights treaties at every level if the pledges are to take place.

In order to bridge reality and hope, a comprehensive and accountable implementation of human rights treaties requires a range of compliance mechanisms and strategies at the national level so that we can make a difference on the ground. At the same time, it also requires an inclusive coordination mechanism of all agencies in the country.

Do international human rights treaties improve respect for human rights? The treaties alone do not provide definitive answers but ratification is crucial to establish a set of principles from which the process can begin.

The treaties are useless until we actually put in in the reality. Treaties, just like all the other laws, are likely to fail unless there is an enforcement mechanism in place.

Human rights treaties are flexible in nature and serve as a form of strength while also a weakness for both vulnerable groups and those in power. Human rights are closely connected between state and society and should not be isolated.   

The ultimate goal for the ratification of the human rights treaties is greater protection of human rights, but it has to come together with a strong domestic means for the same goal. – July 11, 2018.

* Dr Khoo Ying Hooi is senior lecturer at the Department of International and Strategic Studies, Faculty of Arts and Social Sciences, Universiti Malaya.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.